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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 07-16-2009, 06:12 PM   #1
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Speeding in order to safely overtake another vehicle?

I recently received a speeding ticket while on a 4 lane divided highway. I was in the left (passing) lane overtaking a slower moving vehicle and while doing so I went faster than the indicated speed limit and was caught on an officers radar/laser before returning back to the speed limit. Now is there any exception to the speed limit in an instance like this? I was 99% sure i read in the MVA that a driver is allowed to do this, however i cannot find it now.

Any advise?
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Old 07-16-2009, 06:32 PM   #2
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Don't think so. I was always led to believe that you are only allowed to pass if you are going at/under the speed limit. This is to say that you are NEVER allowed to go above the speed limit even when passing. If you do decide to pass, you must be within the speed limit.

So, I don't think you have a valid reason for speeding and I don't think there is an exception.
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Old 07-16-2009, 08:35 PM   #3
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that's right, it's illegal to exceed the speed limit when passing.

You were just unlucky as I'm sure most of us would speed to pass.
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Old 07-17-2009, 05:12 PM   #4
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Quote:
Originally Posted by NEUF View Post
I recently received a speeding ticket while on a 4 lane divided highway. I was in the left (passing) lane overtaking a slower moving vehicle and while doing so I went faster than the indicated speed limit and was caught on an officers radar/laser before returning back to the speed limit. Now is there any exception to the speed limit in an instance like this? I was 99% sure i read in the MVA that a driver is allowed to do this, however i cannot find it now.

Any advise?
Thanks
no, it states that you CANNOT exceed the speed limit, at any time, even when passing. if the car you were passing was going significantly below the limit and you sped up to above the limit to pass safely on a 2 lane road, then the officer may let it go, but since you were on a divided highway "safety" isn't even close to a legit reason for speeding.
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